QUESTION

Can I gift money from my personal account to a family member, before a divorce is filed.

Asked on Oct 16th, 2021 on Divorce - New Jersey
More details to this question:
No divorce in process as of yet.
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2 ANSWERS

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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If the gifting takes place without your spouse's consent and knowledge, then it smells like a fraud and a bad action by you. 
Answered on Oct 18th, 2021 at 4:17 PM

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Family Law Attorney serving Princeton, NJ at Conte Family Law LLC
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If there is no court order preventing you from going something, then you can do it. The question, I think, that is on your mind is whether there will be a consequence in a divorce if you move money out of your personal account into a family members account. The answer to that question is maybe. If the money in your personal account is "marital" in nature, then it would be normally subject to equitable distribution with your spouse. If it was earned by either party during the marriage, it is marital in nature. It is normal in a divorce to acquire bank statements going back perhaps 5 years as part of the discovery process. If you are trying to dissipate the marital estate prior to divorce, then it will probably not go unnoticed.
Answered on Oct 18th, 2021 at 5:19 AM

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